Schools, and Public Charitable Institutions or Centers Same Is Located

PETITION FOR ESCHEAT
Person dies intestate, seized of real property in the Philippines,

leaving no heirs or person entitled by law to the same
Contents of a petition for The Solicitor General or his represenatative, on If he did not reside in the
escheat: behalf of the Republic of the Pilippines, may file a Philippines, the petition
1. Fact that the deceased petition for escheat in the RTC of the province may be filed in the province
died intestate, seized of real where the deceased last resided in ehich he had estate
property in the Philippines
2. Fact that he has no heir or
If the petition is sufficient, the court shall fix the date and
person entitled by law to the
place for the hearing by an order reciting the purpose of
property
the petition. The date of the hearing shall not be more
3. Prayer that the estate be
than 6 months after the entry of the order
declared escheated
The order shall be published before the hearing

Any person claiming to
at least once a week for 6 successive weeks in
be entitled to the estate
a newspaper of general circulation published
may file an opposition
in the province
HEARING
Upon a showing that the order has been published as
directed, the court will determine whether or not the
deceased has died intestate, seized of real or personal
property in the Philippines, with no heir
JUDGMENT
If the court does not fin sufficient cause to the contrary, it
shall adjudge that the estate of the deceased, after
payment of just debts and charges, shall escheat
Payment of just debts and charges, if any
If the deceased never resided in

Assignment of the personal estate to the municipality The estate when assigned shall
the Philippines, the whole estate
or city where he last resided in the Philippines, and be for the benefit of public
may be assigned to the respective
the real estate to the municipalities or cities in which schools, and public charitable
municipalities or cities where the
the same is situated institutions or centers
same is located.
If the court finds that such person is
If a devisee, legatee, heir, widow/er, or other person
entitled to the estate, he/she shall have
has a claim to the estate, he or she must file such
possession and title. If sold, the
claim with the court within 5 years from the date of the
municipality or city shall be accountable
judgment. Otherwise, it is barred forever
to him fort the proceeds
END
PETITION FOR THE APPOINTMENT OF A TRUSTEE
An express trust is
Filing of petition for
created through a Notice to all persons Appointment of the Filing of bond of
the appointment of a
will or a written interested trustee trustee
trustee
instrument
The bond will be fixed by the judge.

Where filed: Conditions:
1. In the RTC where 1. To amke and return a true
the will was allowed inventory
2. In the RTC of the 2. to manage and dispose of all
province in which the such estate and faithfully
property or some discharge his trust
portion thereof 3. To render at least once a year a
affected by the trust is true account of the property in his
situated hands
4. That upon expiration of the trust,
to settle his account and pay over
and deliver the estate remaining to
the persons entitled thereto
The proper RTC may, after notice, may The trustee under a written
END
appoint a new trustee/s, who shall have instrument declines, resigns, dies,
Entering on the duties
the same powers, rights and duties as if or is removed before the objects of
of the trust
he had been originally appointed the trust are accomplished
The proper RTC may, after notice, The testator has omitted in his will to
appoint a trustee who shall have the same appoint a trustee, and such
rights, powers and duties as if he had appointment is necessary to carry
been appointed by the testator into effect the provisions of the will
Parties beneficially interested

may petition the RTC
to remove a trustee after due
notice and hearing, if it appears
essential in the interest of the
petitioner.
Other grounds for removal:

1. Insanity
2. Incapability to discharge trust
3. Unsuitability

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PETITION FOR ESCHEAT

Person dies intestate, seized of real property in the Philippines,

The order shall be published before the hearing

Payment of just debts and charges, if any

If the deceased never resided in

PETITION FOR THE APPOINTMENT OF A TRUSTEE

The bond will be fixed by the judge.

Parties beneficially interested

Other grounds for removal:

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